The Sun. — London, England, 1838-01-05 00:00:00

. HIGH WATER AT LONDON BRIDGE TO-11012.R0W. Morning 15 minutes after 10 Evening 4S mirute after Patronized by the most distinguished Reformers. Now ready, Parts I. to 111. at 3s. each, the small Edit. ; and 71. 6d. each, the splendid large Folio Edit., with thick Proof Plates. SAUNDER S' PORTRAITS AND ME MOIRS OF EMINENT POLITICAL REFORMERS , The Portraits by GEORGE HAYTER, Esq., M. A.S.L. &e. Painter of Portraits and History to her Majesty Queen Victoria ; and other eminent artists. Contents of the First Four Parts : At. Hon. 'Viscount Melbourne Rt. Hon. G. Byng, M.P. George Grote, Esq., M.P. J. A. Roebuck, Esq. Charles Buller, Esq., M.P. Joseph Hume, Esq., M.P. EL Hon. P. Thomson, M.P, Colonel Perronet Thompson Dr. Bowring J. T. Leader, Esq. Wyse, Esq. M.P. • Rt. Hon. Lord J. Russell, M.P. London : J. Saunders, Jun. 7, Dyer's Buildings, Holborn Bars. 4 „• Polio Proefe of the Plates sold at bs. each, by all Printsellers. The publication of Tux SUN NEWSTAPIIR commenced this da.;, at 10 minutes past Three o' Clock._ 4 4 .3 , ' ....--) --,, -- ,.:,,: t 4 x ., ::.1.,-, ' :,` ..f t ka- 4,- 1 . .', 1.. .,y417, g .-. 3 ( 7 1'f ) e WITH WHICH " THE TRUE SUN" IS NOW INCORPORATED. LONDON : FRIDAY EVENING, JANUARY 5, 1838 We have received the following from Liverpool, dated yesterday afternoon : " BAIIIA.—By the Venus, Captain Ramon, which ar rived at Liverpool, from Bahia, this day, we have advices froM that place, to the 24th November. The insurgent party were then in the entire possession of the town, and had broken open the Custom-house, and possessed themselves of a large quantity of arms and ammuni tion. They were fortifying the place in the best manner they could, and preparing for an attack from the Government party, who were encamped about ten miles off the city. All business was at a stand, and many per sons had left the city. The President bad arrived off the port before the Venus left, but was not permitted to land. An action between the two parties wasqhourly expected. The Venus brings no later advices from Pernambuco. The following paragraph is copied from a Brussels Paper, received this morning. We give it without comment, our impression being that it is unfounded : The Politique (a Liege journal) says--" A person arrived this moment from Aix-la-Chapelle ; tells us that it was gene rally reported in that city that the King of Hanover had been assassinated by a student." Important news from Upper Canada—from New York Papers received to the 16th ult. inclusive—will be found in another part of The Sun. The flame of civil war has spread to that province. That the termination of the civil war in Lower Canada will be in the slightest degree influenced by the resolutions passed, and the speeches delivered, at the public meeting held yesterday at the Crown and Anchor Tavern, is what no person acquainted with the intentions of the Supreme Government, the real state -of public opinion in this country, and the de fectilee organization of the Canadian insurgents can believe for an ins!ant. No expressions of sympathy in favour of those deluded inhabitants of the Lower Province, who have been seduced into the error of takiing up arms, to redress grievances which the honest Re,Formers of Great Britain were in the process of re moeing, can enable them successfully to oppose the military power of England But the meeting will not, therefore, be unproductive of important results. If it fail to influence the decision of the sword, it will not fail to influence the conduct of the Government in the h our of victory. Such a manifestation of sympathy ft ir the victims of misrule,—even when we ourselves are t he oppressors, and when the hostile arm is raised to d tispute our power —must convince Ministers that it vould be a fatal error, either to treat the Canadians s Title severity after submission, or to neglect to reform 'whatever abuses are proved to exist in the Constitution and Administration of our North American Colonies. It is a noble proof of the diffusion of sound and hu mane principles among the people of England—of the !really rapid progress they are making in a just discern :mem- of the causes which would extenuate the crime of an appeal to physical force, even against their own count ry. They are beginning to understand, that to co-op! trate in the oppression of any portion of their fellow —subjects or fellow-men, is not patriotism : and re memb! ering the crimes of which their fathers were invo luntari ty guilty, by trusting to the morality of past Go vernrn ents, we are not surprised to find them half. inclined to dec.k!e the question upon the sole evidence of the Brithdt advocates of the Canadian insurrection—the Gov orarnent having admitted that great abuses have existed, and continue to exist, in the administration of :the Lower Province. But we must not allow the extreme jealousy of the people to carry them too far— to plunge them into a slough of error as fatal to the f , arming of a right judgment as that out of which they 'are emerging. It is not true—as was contended yes terday by the more intemperate among the friends of the PAPINEA U party—that the Canadians have suffered under any oppressions which could justify them in exposing the Province to all the horrors of a fratricidal civil war : neither is it true that the whole of the Canadian population of French origin are abettors of the rising in arms of M. PAPINEAU, and his con fe(kra.tes in insurrection. Even Mr. ROEBUCK— whose speech was worth all the rest—who carefully en umerated, and indignantly expatiated upon the W Tongs of the colonists—failed to make out a justifica l.ion of an appeal to arms on the part of the Canadians, which would not apply with ten-fold more appropriate ness to the case of an insurrection in Ireland. This fact ought not to be lost sight of. No Reformer can conscientiously acquit the Canadians of blame in hav ing recourse to arms, without indirectly censuring Ire land for having so long submitted to the peaceable en durance of the injuries inflicted upon her by this country. This is a grave view of the question, but it is a 'just one—one which every true Reformer is bound to take before committiug himself as the partizan of Any party. Mr. ROEBUCK told the meeting that ether the last war with the United States, some Mem b of the House of Assembly were sent to prison for pr emising that Lower Canada should pay her own pro portion of the debt thereby incurred. Ireland was treated with less indulgence. Her sons - had fou g ht as gallantly as the Canadians, and yet she was saddled with her proportion of the debt, . without her consent. Mr. ROEBUCK did not bring one charge against the Government, as rega n is Lower Canada, in the remotest degree border ing ni )on the atrocity of those which Mr. O'CoN NIaL has so often cited against every succeeding Ad ir,inist, ration, for the last thirty years, in Ireland. He ( . 141 no,t attempt to show that the Canadians were 3 'afferirtv from excessive taxation—that they were 'driven fey famine in thousands annually, to become hewers of wood and drawers of water in every neigh bouring State that would afford them such employ ment—that they lived for several months in every year on one meal of potatoes in twenty-four hours—and finally, that they died like dogs in ditches of cold and hunger, in consequence of the absence of a law to provide them shelter within the walls of a work house. These are a few of the grievances of Ireland, and we entreat our more sober minded Radical friends to contrast them with the real grievances of the Canadians, and then tell us Ivhinh of them tend most to justify an appeal for re dress to the physical energies of a whole people. Mr. ROEBUCK complained that in the present war in Lower Canada the Government struck the first blow. We grant all that, and may add too, that a most un lucky blow it was. But the Learned Gentleman did got state, as it behoved him to have done, that in striking the blow when it did, the Government only anticipated by a few days the design of the leaders of the Canadian revolt, who were only waiting for the closing of the St. Lawrence to unfurl the standard of Canadian independence. The great error of the Government was in striking at all, when it had taken measures for striking more effectually. It should either have waited for the rising of the disaffected, or it ought to hare seized the whole of the leaders ; instead of beginning, as it foolishly and ab surdly did, with an experiment upon the temper of the masses. The presence in Lower Canada of a numerous French class well affected to this country, can only be called in question by those who are entirely unac quainted with the real state of political feeling in that colony. We confidently assure our readers that the whole of the Catholic Clergy of Lower Canada, and a great proportion of their flocks in every parish, have declared themselves opposed to any attempt to disturb the friendly relations subsisting between the Province and the Mother country. We have before us an address of the Right Rev. Dr. J. J. LARTIQUE, Catholic Bishop of Mon treal, to the Clergy and Laity of his diocese, dated the 24th of October, from which we make the follow ing brief but important extracts. The first shows that the Bishop has at least a right to be considered an impartial authority : " There is, moreover, nothing that can render us the objects of suspicion. In our veins, as in yours, flows Canadian blood : we have given frequent proofs of the love we have for our dear and common country ; and, as the Apostle, so can we take God to witness, how we long after you all, in the bowels of Jesus Christ. —Philip, 1, 8. Besides you know that we never received any thing from the Civil Govern ment—as we expect from it nothing but that justice which is due to every British subject. And we bear testimony to the truth, when we solemnly protest, that in speaking to you on the present occasion, we speak of ourselves, impelled by no exterior influence, but solely actuated by motives of con science." The Right Rev. Prelate next refers to the state of political feeling in the Province, from which it is evi dent that the French Canadians wets as divided among themselves as the friends and enemies of the Supreme Government : " For a length of time back, dear brethren, we hear of no thing but agitation, and even of revolt, and this in a country which has hitherto been distinguished by its loyalty, its spi rit of peace, its love for the religion of its fathers. On every side, we behold brothers rise up against their brothers, friends against their friends, citizens against their fellow-citi zens, aid discord from one extremity of this diocese to the other, seems to have burst asunder the bonds of charity which united the members of the same body, the children of the same Church, the children of Catholicity, which is a religion of unity. In circumstances of such moment, the only position that we can take, is, not merely to stand to an opinion (which nevertheless, as citizens, we and our worthy fellow-labourers in this holy Ministry should have, equally with others, the right of emitting), but to act up to the obligation which the Apostle of the Gentiles imposes upon us by saying, ' Wo is unto me if I speak not the Gospol : for a necessity lieth upon Cor., 9, 16. " Now mark the solemn admonition with which this distinguished Prelate concludes his address to his fellow -countrymen of the same origin as himself : " Did you ever seriously reflect on the horrors of civil war? Did you ever represent to yourselves, your towns and your hamlets deluged with blood, the innocent and the guilty car ried off by the same tide of calamity and woe? Did you ever reflect on what experience teaches, that almost without excep tion, every popular revolution is a work of blood? Should then any one wish to engage you in a revolt against the pre sent Government, under the pretext that you form a part of the Sovereign People, suffer not yourselves to be sedueed." In all probability, before the meeting of Parliament, we shall have news from Canada which will change the opinions of many with regard to the nature of the contest. The intelligence from the Upper Province which arrived this morning, though strangely tinged with party feelings, leaves no doubt of the important fact, that the question is not one only between the Executive and the Canadian nation, but also between the latter and the British settlers, on whose conduct the fate of the contest hangs. It was known some weeks ago that Sir FRANCIS HEAD had sent every soldier of the line to Montreal, believing from the professed loyalty of the population that he should, with the vo lunteers and militia, be able to repress any attempt at insurrection, and though somewhat taken by sur prise, the result hitherto proves that he was not mistaken in his judgment. The insurgents in considerable force entered Toronto, the inhabitants of which were not preparetl to repel them ; but finding no support, and being quickly attacked by the volun teers, they were dispersed in all directions. We shall not learn the exact details till the publication of the Lieutenant-Governor's despatch ; but of the main fact there can be no doubt, taking even the account given by Papers favourable to the insurgents. We thus see that after the British troops are withdrawn from the Upper Province, the inhabitants take the cause into their own hands, and repel those who are in league with the French Canadians, and therefore have forced on us the conclusion, that if England were to give up the contest the country would still be exposed to civil war. We have thus the choice of two evils—either to leave the parties to fight the battle, or to lend our assistance and mediation in bring ing the unhappy contest to a speedy conclusion. Mr. ROEBUCK says the feelings against the Government in Upper and Lower Canada are equally strong. We doubt the statement, and the news, as Lr as they go, war rant something more than doubt. Though both Pro vinces had just grounds of complaint, we have all along been convinced that the British settlers had no wish to separate from the Mother Country, and that all they wanted was a redress of grievances, such as the re-construction of the Upper Assembly, and some more fair mode of appointing the Officers of the Exe cutive. On this point every thing depends. Time alone can show whether Mr. ROEBUCK is right, and whe ther the British settlers call upon England for protec tion, or are prepared to join the Canadians in throwing off the British dominion. A few weeks, perhaps a few days, will enable Parliament and the country to come to a safe conclusion. The Paris Journals of Wednesday have all been Jeceived. They bring the opening of an important debate in the Chamber of Peers on the address to the Throne, for which we have not space in our co lumns of this day. The following extracts include the latest news from the Spanish frontier ; The Sentinelle des Pyrennees of Dec. 30, has the follow ing article : FRONTIERS or NAVARRE, DEC. 20.—The Carlist expedi tion, after having been reviewed by Don Carlos, has entered Castillo. The troops of this expedition consist of 15 batta lions, making about 7,000 men, and 600 horse. This corps, almost entirely composed of Castilians, is now equipped and armed with English muskets, recently landed in the environs of Bilboa. A great number of French officers of different ranks are in this corps ; it is even believed that an important command will be given to a French officer of high rank. Nothing considerable, however, is to be undertaken till a junction has been formed with the troops commanded by Cabrera." The Phare of the same day does not speak of the en trance of the Carlists into Castille. If the news were really well-founded, we do not doubt that our correspondent on the frontier, who, at the c ourse o f events, would have hastene d to inform us of it. The account, however, adds, that it is men tioned by the Memorial des Pyrenees.—Le Constitutionnel. A letter from Oran of 17th December, published by the Toulonnais, says,—" Abdel leader still manifests his desire to maintain peace, though it is evident that he prepares for war at a time more or less distant, according to circumstances. Fie gives also his attention to th e f ormat i on o f stan di ng armies , and reanimates his cavalry. I n s h ort h e turns h i s t i me to ad vantage. If hostil ities are not r esume d, t h e organ ization of his army will enable him to consolidate his power and ex tend his influence.—Commerce. FRENCH Ft) NDN.—PAftu!, JAN. 3. Flee per Cents., 1 Sr sc. Four and a Half per Cents. lusf, Four per Cents., 101 f. 25c. hc. Three per Cents., 7SE 90c. 79f. 78f. 95c. Bank Actions, 2,542 f. 50c. Aente de Naples, ISE 20e. 25c. 20c. Roman Five per Cents., 100%. Spanish Actives, 2N% Belgian Loan, Five per Cents, 102%. Belgian Bank, 1,485 f. 1,490 f. 1,483 f. 75c. 1,190 f. Haitian Loan, 370 f. NICHANGII ON LONDON. One month, paper, —f. —e.; money, 25r. 474 e. Three months, paper, —f. —e. ; money, Zf. :30c. _ LAST PRICES. Five per Cents. 10Sf. 20e. Three per Cents., 79f, 35e, Bank Actions, 2,542 f. 50t. Romans ' 100%. Belgian Loan, 102 3 4. Belgian Bank, 1,490 f. Portuguese Three per Cents., lON. Haytian Loan, 3701. Spanish Actives, 20S. LLOYD'S SHIPPING.-(THIS DAY.) Dait, JAN. 4.—Wind S.W., moderate.—Arrived, and proceeded for the River, the Lady Nepean, Apsey, from Teneriffe ; Albion, and Margaretha, from Cada. Sailed the Isabella, for Hobart Town. Came down from the River, and remain with the outward-bound, the Aber deenshire, Smith, for Hobart Town ; St. Vincent Planter, Allen, for Jamaica; Bertha, Folkes, for New York ; Montrosa, Blenkinsop, for Honduras; Durham, Chancellor, for Oporto; Margaret Richardson, Read, for Genoa; Helen, Taylor, for Pernambuco; Miranda, Muir head, for Barbadoes ; James Mattheson, Melivard, for Bahia ; Postboy, Berriman, for Venice; Burrell, Mundon, for Trieste. PLYMOUTH, JAN. 3.—Wind W.S.W.—Arrived the Tantivy, Ayes, from Zante. PORTSMOUTH, Jas. 4.—Wind S.W, fine.—Arrived the Chili, Smart, from Sunderland. Sailed the Isabella, Denning, for Madeira and De. merara, Her Majesty's ship Tyne is gone out of Harbour to Spithead. I32Leasr, JAN. S.—Arrived the Morgiana, Hetherington, from De merara ; Aribiada, Ramos, from St. Übe's; Herald, Robinson, fro:n London. LimetticK, JAN. 3.—Arrrived the Arbutus, Pounds, Juvineer, Car. tvr, Oscar, Matthews, from London. CORK, JAN. 3.—Arrived the Three Sisters, Labres, from Newfound. land; James Lemon, Lawton, from St. John's, New Brunswick. PRNZANCE, JAN. 3.—Arrival off port, the Amphitrite, Jabury, from Baltimore. THE SUN, LONDON FRIDAY, JANUARY 5, 1838. GLOUCESTBR, JAN. 4.—The Mary, Constance, from Port Cabral. LIVERPOOL, JAN. 3.—Arrived the Sir John Harvey from Richibucto ; Venus, from Bahias ; Oxford, Rathbone, from New York. Off port, the Tremont, from Natchez ; Francis De Pau, from Charleston ; St, Andrew, from St. John's, New Brunswick. GOWNS, J►v. 4.-- Wind W.—Arrived, the Datnarang, Mason, sailed for Boston. A ship, apparently outward bound, passed through to the eastward this morning. FALMOUTM, JAN. 3.—Wind W. to W.S.W.—Arrived, the Indian Chief, Spurdell, from Lisbon. Sailed, the Goldfinch (packet), for the West Indies; the Royal William (steamer), for Dublin. CASIPBBLL TowN, JAN. 2.—Arrived, the Elizabeth, Wallace, Quebec. The Juno, from Honduras to Liverpool, was run aground at the Ba hamas, Nov. 26. The Louiza, from Oporto to Maranham, is wrecked near the latter port; crew and passengers saved. The Jus'itia, Clarke, from Prince Edward's Island, lost foremost, bowsprit, &C. THE FUNDS.--(THIS DAY.) CITY, TWELVE O'CLOCK. Consols, which closed yesterday at 924 4 for the Account, opened very heavy this morning at 91i ; afterwards they were done at 91a ; and at present they are rather better, 9l Exchequer Bills, 2i-d. per day, 41 50 prem. ; Bank Stock, 204 i 205 f. In the Foreign Market, Spanish Active, 10i with Cou pons ; Portuguese, 294 ; Three per Cents., 194 ; Mexican, 2.64 4 ; Brazil, 72-.1 4. The only arrival this morning of importance is the Ameri can packet of the 15th ult., from Now York, which conveys news of the greatest interest and consequence from Canada. Things there have not so good an appearance as per the last ac count, owing to the report of the rebellion having reached the Upper Province; but, according to some accounts, it had not much effect, and was soon put down. Although the news at present is of rather a contradictory nature, nevertheless, it has caused some excitement in the city, and had the effect to cause Consols to recede. The following is a letter front the Buffalo Journal extra : We have been favoured with a copy of a letter of the date of the ith of December, from Toronto, which states that at the • time of writing, the Government forces were engaged with the Patriots about two miles from the city of Toronto, and from which place they had been driven. The express which brought the letter, farther states that the courier came out of the city with the troops, and that before be passed them three rounds had been fired upon the rebels. Another letter from Toronto states that there were then inToronto, in the opinion of the writer, at least twenty Royalists to one Patriot. Mr. Nl‘lienzie, we now learn, commanded the Reformers in person. What the.effect of this repulse will be, it is difficult to conjecture. Our opinion is that it will retard, but not en tirely prevent the revolutionary movements. PRICES OF STOCKS THIS DAY AT ONE O'CLOCK. - Bank Stock 3 per Coat .te Oitto OM. 3 per Gait. Cons. - I South Sea St - twit. 3% per Cent ...... ...... -; Old knntiqies Ditto Red. in% Y i I Ntw Ditto _ . New 5;4 per Cent —l3 per Cent. Annuities, :W.,. -- New 5 per Cent.. I Bank Long Annuitlestuexpire Ditto ..............504 5O 52 49 cal. Jan. 5, 1,960 14% i Ditto s.;inall r)0 52 49 pm. Oct. 10, 1859...... Jan. 5, ISr, , i — Ditto A3vertip.-1 — —pm Jan. 5, lkiii' ............. April 5, IES: ....... ..... ..... Jan. 5, Ina._ - I Consols for Acconnt... 913 i% 2 1% 'PRICES OF 1 , 01tEi....; NI FUNDS THIS DAY AT ONE O'CLOCK. Austrian 123i1:13 - ; Peruvian Born'a Et•?lgian Bonds IOON ti Ditto Account , ...... Ditto Account — (Portuguese Bonds Brazilian Bonds ~..... , .....72_15 2;4 i Ditto Account — ;,.. i.)::.Z..1 Acelimi. .- ..... . 71 ils, Chttl New ilot,'., 49.,., liti,iios ~.rms 1.50r.,1s Dst-,n At,,wint . — Ditto, 1 per cent........ ...... .:hillirin 1,:0n3s- ........... ..... ... Prussian Bondi; . Ditto Accui•rit . ..... .. Russian &Inas, 1er2.2 .... ClittlTltVar, rlonds. ...... ...... ..... Ditto Account Ditto Account CAurritilan Bonds, 1824 .. ...... 2d Spanish Bonds — Ditto Account Dtniiii Son& ....... Ditto Account Greek 80n46... Ditto Bonds. 1625 — 4 per cent Ditto Account -- 3 per cent........... —r. Mexiesn Bowls, 5 per cont 21% Excnitnge ,-.. . . . . ~ . Ditto Account -Z Dutch, v}i per cent ... 52 1 7 , 2 1 ; !; Ditto, 6 per cent. Ditto Account.... — Ditto, 5 per cent 101!,4, Neapolitan — Ditto Account PRICES OF SHARES THIS DAY AT ONE O'CLOCI, Paid. Per Share Real del - Monte Mining Co., Registered (81. (Os. (iel. Ditto Unregistered — 144 Great Western Railway Company 55 65 Brighton Railway ConspanT London and Croydon Railway Company. 2O 19 National Bank of Ireland IN 15% HALF-PAST ONE. Consols have been continually fluctuating during the morning, owing to a doulittlil opinion among the speculators, whether the accounts from Canada this day are of a favourable nature or not. In the early part of the morning the intelligence was considered ra ther of a gloomy east, and Consols receded about per cent. from the closing price of yesterday; since which it is ascertained that the rebel lion in Lower Canada is nearly crushed : and that the militia and vo lunteers alone have been able to defeat a large body of the rebels on an attack upon Toronto. Therefore, no doubt, on the return of the regu. lays to the Upper Province, the rebels will immediately take to their heels. This defeat has given the speculators in Consols encouragement to repurchase the Consols they sold in the early part of the day; conse quently a reaction has taken place from 91i to 921, at which price they are at present. Exchequer Bills, 2.0. per day, 50 49 Prem ; de. 2d. per day ; Bank Stock, 2031 :2041. Little doing in the Foreign Market. Spanish Active, 19A ; Portu. guese, 29i ; Three per Cents, 19# ; Brazil improved to 73} ; Dutch Two-and-a-Half per Cents, 52A *; Mexican, 26—little doing in Shares ; London and Brighton, 3a. A vessel arrived at Liverpool from Bahia, 17th November, is stated to bring more favourable accounts--Brazil Steck improved. THREE O' CL CK. Consols for the Account, 92i. In Dr. Wade's speech of yesterday, instead of the House of Lords being as a fire-brand in a house of "good"— read in a house of " Wood." Mr. Charles B. Baldwin, formerly a Member of the British Parliament, has purchased the magnificent Estate, called " Chauteau la Valliere" near Tours, in France, for the sum of 1,800,000 francs or 75,0001. as a residence for his lady who is in a very delicate state of health. We understand that Mr. Laing-, the Magistrate of Hatton-garden Police-office, having 'received communica_ tion from Lord John Russell on Wed nes d a y l a st, that if he should send in his resignation of his office it would be accepted, has taken the hint, and Mr. Laing is no longer a magistrate. —Morning Paper. At Hatton-garden Police-office this morning, Mr. Rogers, the sitting Magistrate, observed he had noticed a pa ragraph in the morning papers, stating that Mr. Laing had been entirely removed from the Commission. This was not the fact, Mr. Laing having ceased to be a Police Magistrate merely. The worthy Magistrate added that he could not un derstand how it was that statements were continually finding' their way into the public papers that were quite the reverse of the truth. The Duke and Duchess of Montrose have arrived in Paris ; their Graces and most of the English of distinction in the French capital, will att e nd th e new y ear ' s co urt ball of the Queen of the French at the Tuilleries. Lord Erskine has arrived in town on leave, from his embassy at Munich. The Marquis of Tichfield arrived at Harcourt House yesterday from the seat of the Duke of Portland, Wel beck Priory, in Nottinghamshire. Colonel and Lady Alice Peel have been entertain ing a party of sporting gentlemen at their seat near Faken - ham, in Norfolk, during the holidays. Mr. Henry Baring and family returned to Stan hope-street, Mayfair, on Wednesday, from Essex. Mr. O'CONNELL.—We are glad to he able to a" - nounce the perfect reco v ery o f M r . O'Connell from his late severe indisposition ; and we are particularly happy to add that he will he able to enter immediately upon his public duties. — Pilot of Wednesday last. Yesterday morning, about 11 o'clock, a serious ac cident occurred to a little boy, about ten years of age, named Wharton Wharton ke , whose parents reside in G reen - street , Theobas road. It appeared that be had by some means obtained a quantity of gunpowder, which he had made into what arc called " pops," being tightly folded in paper. In letting one of these off it exploded near his face, which was scorched in a shocking manner, and it is feared he will lose his sight ; his band was also much injured. THE FOG.—At an early hour this morning. a heavy fog came on, which up to the present time of writing eleven o'clock, still continues unabated, and bids fair to con tinua so through the day. The foff pervades with equal dense less, every part of the metropolis ; and candles and are, every where in requi s iti on , just as if it were the dusk of evening. We know not wh en we h ave seen so t hi c k an d blind ing a fog, gas -light, TO TIFE EDITOR OF THE :SUN. SlR—Your report in last evening's paper represents Mr. Crawford, M. P. to have been present, and to have taken a conspicuous part in the proceedings of the meeting held yesterday at the Crown and Anchor, at which Mr. Hume presided. lam the only individual to which this de scription applies, and I was not there. As that meeting is the last place where those who know me would expect to hear of me, I request you will give the earliest correction of the mis-statement by the publication of this note. I am, Sir, your obedient servant, WILLIAM CRAWFORD. 71, Broad-street, City, Jan. 5, 1838. CRIMINAL COURT.-(TIIIM DAY.) OLD COURT. So dark was the Court this morning owing to the density of the fog. that lights were required even at midday. UTTERING FORGED BANK NOTES —Joseph Howard was indicted and found guilty of having feloniously uttered four five.pound bank. notes, knowing them to have been forged, with intent to defraud the Governor and Company of the Bank of England. Mr. Matrix, Counsel for the Bank, conducted the prosesu ion, Mr. PRENDERGAST defended. The case occupied nearly the whole of the morning. The particulars were not of any public interest. POSSESSING FORGED BANE NOTES.—Mary Ann Jones was arrrigned on an indictment charging her with having in her possession a 10/. and a 5/. bank-note, knowing them to have been forged. Mr. MAULS, as in the former case, conducted the prosecution. Mr. PHILLIPS, for the prisoner, made an objection that the words of the Act of Parliament " any person have in his possession," did not include females. Mr. Baron ALDERSON thought the objection did not hold, for the words " any person" included male or female; and the word " his" was only bad grammar. A Juryman expressed a similar opinion. ➢ir. PHILLIPS (with some warmth)—Upon my word !—this is most extraordinary. I may as well not defend the prisoner at all. This is a matter with which, Sir, you have nothing to do—you aro to decide upon facts, and not on points of law. Mr. Baron ALDERSON observed that the statutes respecting high treason only mentioned the " King ;" but there could be no doubt that if any person compassed the death of our most Gracious Queen, he would he indictable under those statutes. Mr. l'iliwps—Beeause they respect the wearers of the Crown ge nerally. Mr. Baron ALDERSON expressed an opinion in which he was Confirmed by Mr. Justice Wit. Llama and Mr. Justice COLTMAN, that any statute containing only the words " his" or " him," in the absence of any thing in the context, requiring a contrary interpretation, would include females as well as males. porter left. There were several other cases of a similar nature which would occupy the entire day. The case then proceeded, and the prisoner was found Not Guilty. NEW COURT. The Court was occupied the whole morning with Mint cases. The Learned Common Sergeant, previous to the trials commencing, stated to the jury, in order that they might well consider their ♦erdicts, that he was determined in every case of conviction, to award the whole term of punishment provided by the statute, in order if possible to put an end to this species of crime, which was so injurious to society in gene ral, especially the lower orders. The following prisoners were convicted of uttering counterfeit coin, or having it in their possession with intent to utter it :—John Mack, 2 years' imprisonment; Jane Reeves, 1 year ; Samuel Richardson, 2 years; Ann Barrett, 1 year; Ann Coleman, '2 years; and Edward Reading and John Moody were sentenced to a similar term of impri sonment. In every case the sentence was accompanied with hard labour. Edward Kemp, charged with having in his possession four counter. feit half-crowns, was acquitted. MANSION-HOUSE.--(THIS DAY.) Mr. Pierce, the landlord of the Black Lion, Bishopsgate.atreet, ap. peared to a summons issued against him on the complaint of Mr. Cohen. The complainant said he resided at Shacklewell. On Sunday last a parcel directed to him arrived by the Carmarthen coach, at time Bolt In Tun. It was directed to be forwarded by coach to the Flower Pot, but by some means it got into Mr. Pierce's b:)oking-office, and was not de livered at his house till Monday, at half.past eleven o'clock, when the family had all retired. Mr. Pierce said the parcel came to him about one o'clock on Sunday. He saw by the direction that it was game, and it smelled badly ; but he had paid (Is. 10d. on it, which, with this charge, made 7s. He tried to send it down by the coach, but the coachman would not pay him, on the ground that he had not time to stop for money at various places ; he therefore kept it till Monday, when he sent it by the carrier. The Lose Maron said Mr. Pierce had rendered himself liable for the non-delivery of the parcel in time, by taking it in and charging his booking —that was adopting the transaction. However, as the original fault lay with the people of the Bolt-in-Tun, Mr. Cohen might have a summons against them if he pleased. The Porter at the Bolt-in-Tun appeared and said he had delivered the parcel at Mr. Pierce's within two hours of its arrival. They always left their parcels at his house. At last, he said, he believed he had not seen the direction, or he might as well and as easily have left at the Flower Pot. Mr. Cohen said the parcel contained two turkeys and a haunch of Welsh mutton, which was spoiled. He had also been grossly abused by the carrier, The Loan MAYOR said the case was not regularly before him. After explaining at considerable length the law of the case, he recommended the parties to retire and settle with Mr. Cohen, as probably they might have to settle with his solicitor. The parties retired. BOW-STREET-(THIS DAY.) MISFORTUNES SELDOM COME ALONE.—Shortly after Sir Frederick Roe took his scat on the bench, a private of the let regiment of Life Guards, at present stationed at Windsor, acquainted him that a young man named Battersby, alias Disney, had been remanded to Tothill-fields prison. Westminster, on a charge of feloniously intermarrying with a Miss Stoven, a ward in Chancery ; and as he had gone to the prison to identify him as having enlisted in the regiment, from which he some time back had deserted, he wished to know would he be set at liberty under such circumstances, in case the offence for which he stood charged could not be substantiated against him. Sir FREDERICK Rois said he could express no opinion respecting the result of the charge against the prisoner, but should the decision of the Magistrates be in his favour, the applicant might rest assured he should not be discharged from custody without first sending a communi cation to the officer of the regiment. The applicant thanked the Magistrate and retired. H&TTON GARDEN.-(THIS DAY.) William If'gime was brought up in custody, charged with having stolen '2O sheets, the property of Elizabeth Munday, of Clerkenwell. The prosecutor stated that since she had commenced business, about s ix months ago, she had lost a quantity of linen, beds, bolsters, sheets, sa., but had never been able to discover the thief. The prisoner had been in the habit of selling sheets, &c., to a woman who kept a clothes' s hop in Clerkenwell, and she at last suspecting the prisoner did not obtain the linen honestly, gave him into custody, As 10 out of the 20 sheets had only yet been found, Mr. Roneas re mended thetprisoner till Friday next. MARKETS.-(TIIIS DAY ) CORN EXCHANGE. Supplies small, very small, except for Barley. The thick fog was against business. There was a firmness in the prices of Wheat and Oats. The holders of Beans, Peas, and Barley must have taken lower prices if they had sold. We do not alter our quotations of any kind. ARM VALS. Wheat. Barley. Enos ), Irish Foreign Oats. Flour. 160 qrs. 4,P00 sack/. V5O 4 SMITHFIELD CATTLE MARKET. Short supply, but a fresh business transacted. All were sold, and prices looked upwards. The quality of both beasts and sheep was but middling. Veal and Pork sold dear, and higher. PRICES PEE. STONE OF SILL TO SINE TUE OFFALS. s. 41 to s. A. s. ai. to s. d. Interior Beasts 2 2 2 4 Inferior Sheep 2lO 3 0 Second quality ditto 2 6 3 0 Second quality ditto 3 2 2 4 Prime large Oxen 3 4 3 8 Coarsa-woolled ditto 1 5 310 prime Scots, &c. Large coarse Calves 4 0 4 6 Large Hogs 2 4 8 rrime small ditto S'ickling Calves each —lO e 32 41 Quarter old Pig each 12 II 21 6 SUPPLY AT 31•RERT. Beasts. 320 I Sheep. 7,02 I Calve Pie. 122 I 495 NEWGATE AND LEADENHALL MARKETS. At per atone, by the Carcass. s. d. tos d fleet, inferior 2lO 3 2 Mutton, inferior midd1ing......,,.. 3 4 3 6 middling --- prime large prime mall '1 8 310 Pork, large Veal PROVISION MARKET. This is one of the chief days in the week for this market. The trade is very limited here, as it is everywhere else, and prices unaltered. BILLINGSG ATE MARKET. A good market again to-day, both as to supply and trade. Prices reasonable. Turbot, 4s. and ss. to 205.; Soles, (id. to Is. (id. and 2s. per pair ; Cod, Is., 25., 35., to 6s. and 7s. ; Whitings, sd. to 9d. each ; Lobsters, 9d. to Is. 6d. and 2s. for large ones. HOP MARKET. The prices of Hops continues as before and trade is dull. TALLOW MARKET. P.Y.C. has secured more business ; and we quote the price to.day higher than we did yesterday. Quotation, 475. for P.Y.C. The comparative shortness of the stock is one cause of the rise. The stock is about 17,000 casks. s d tos 3 4 3 ti 8 310 .. 31 0 4 0 •3 4 4 ..4 8 i 2 COLONIAL MARKETS. The chief business advertizcd for to-day was in Bengal Sugar, Rice and Coffee of Brazil growth, and for a Friday the business light. There is something approaching to heaviness in these Mar kets, which the news received from Canada this morning is not likely to remove or mitigate. Such is the state of the Markets generally, and such the accounts of Stock, that little or no variation in prices is yet expected. When we write the report, prices of Sugar, Rice, and Coffee were much as before. Tea at public sale sells very slowly to-day, and the tendency of prices is downward. Rum is very firm. Cotton nothing doing. Spices are. unvaried. All busi ness in Canadian produce is suspended. The imports at our customs are short just now. LIVERPOOL COTTON MARKET. The Market to-day has been remarkably dull, and the sales are only about 1,000 hags. There has, however, been no further change in prices. 120 Surat, sd. a 61d.; 30 Maranham, 911 60 Egyptian, 9 %d. a 10d. ; the remainder American, 7 4d. a B%d. : OUNTRY CORN MARKETS DURING THE WEEK. 1 v heat. j Barley. i Oats. Beaus. Pease. 1 Per Quart er. s. to s. s. s. s. to s. s. to s. 5. to ~ Blandtord .. 56 60 97 33 21 23 40 44 ifri gg ......... ,54 62 34 40 22 28 42 4t -- Cambrid ge 57 34 25 40 38 Chard ........, 48 6 - 2 24 28 17 21 30 44 32 24 Huntingdon --....... 46 69 34 38 24 29 38 48 Long Mutt0n—,...,,,,, 28 38 hi .20 30 34 - Louth ...—..--.... 53 5S 25 32 :20 25 32 42 Y nn 52 6' 3 :21 31 14 ..2o 30 32 32 34 Newark .......—........ 52 60 25 35 24 32 43 48 3 6 Nottingham ......... 34 39 20 31 II) 28 j 35 42 reterboroitgli —....... j 49 62 33 42 22 29 38 48 Plymouth 40 58 30 34 20 23 - PontetraCt ......"" 67 43 j 27 j.— 43 Slea fon 1 ~......., 65 70 36 30 j 22 20 41 43 Eliiiitigham „.—.... 43 64 24 30 118 28 32 44 wi shech:...— 13 62 i —! 20 30 32 ft I( ET. Jan. 2 '1 50s. to 6s. ~a 43z. to 6's. to, 30s. to 13s. ~...,. 0 7s. to 31s. F 245. to 255. F l 3•21. to 425. , :" r, 2.5. to 3 , t , ..) .. Eng. 10,::, I. to 12d. per stone. 0 71. to 25.. per load. .... Foreign, 24s to 2.il per last. I.,HELYS ORN MA Wheat, N.nlolk and Stitttil C k, ti01b.... York. :Ind Lincoln. BarkuUol Y, Norfolk :111(i Yorkshire and Lincolnshire .... ..... ........ ---- Grinding Beaus Oats, Potatoe -- --Mealing, For. I hi. tol3d Shelling Rapeseed, English, 2.3/. to 24/ LITERATURE. PLAIN DIRECTIONS FOR MAKING WILLS: BY J. C. HUDSON, Of the Lrgacy Duty Office, London. Longman, Orme, Brown, Green, and Longman. We regret that press of other matter has prevented us from noticing sooner this little useful work. It points ou t the important changes which have been made by the new Wills' Act, gives an exposition of the law intelligible in general to every man of ordinary capacity, and concludes with an appendix, containing forms of wills for disposing of personal property only, and of real and personal property together. The subject interests every person in the com munity, and as the publication, therefore, cannot be too widely disseminated, we shall give an outline of what ap pear the most useful of the " Plain Directions." I. Of the persons competent to make Wills, and the for malities necessary thereto : One of the important provisions of the late Act, effecting an altera tion of the law, and rendering it uniform as to every variety of property, is, that no Will, made by any person under the age cf twenty-one years, shall he valid. A Will, therefore, to be valid, as the law now stands, must be made by a person of the age of twenty-one years, and of sound mind ; not attainted of treason ; not a felon, or an outlaw. In the case of a female, she must be unmarried, unless she make a Will by the con sent of her husband, or under a power especially given to her for that purpose by some other Deed or Will, or merely for the purpose of ap. pointing an executor of a Will, of which she is the executrix. The next important point is, that every Will must be written in the lifetime of the Testator. Noncupative Wills, therefore, which are memorandums, written after the Testator's death, of verbal directions for the disposal of his property, given by him while in expectation of death, are henceforth abolished. Every Will, whatever may be the description of the property of which it attempts to dispose, must have two witnesses. The follow ing are the words of the Act : " And such signature" (the signature to the Will) " shall be made or acknowledged by the Testator, in the presence of two or snore witnesses present at the same time, and such witnesses shall attest and shall subscribe the Will in the presence of the Testator." Hitherto the law relating to the witnessing of 'Wills has been different for different descriptions of property. Real estate, for example, required three witnesses, money in the funds two; but for other personal estate there was no inflexible rule. The law is now uniform, and two witnesses are equally necessary, whether to pass the real estate of the wealthiest nobleman, or the stork in trade of the humblest shopkeeper. This is the great and essential point to be kept in view. The construction that may be put on the contents of a Will is matter which may be discussed in the Courts ; but an omission to corn. ply with the required formalities is irremediable. Every Testator must take care not to put any person, to whom or to whose wife or husband he has given a legacy, into the situation of a witness to his Will; for though the validity of the Will, as a whole, will not be thereby affected, the legacy to that witness will be void. A creditor may, notwithstanding, be a witness to a Will without for feiting his debt, and an executor may be a witness, without invalidating his appointment to the executorship. 2. Of revoking and altering Wills :-- A Will, or Codicil, once effectually made, cannot be altered or re voked but in a manner as formal as that in which it is required to be made; that is to say, "by another Will or Codicil executed in man. Der hereinbefore required, or by some other writing, declaring an inten. tion to revoke the same, and executed in the manner in which a Will is hereinbefore required to be executed, or by the burning, tearing, or otherwise destroying the time, by the Testator, or by some person in his presence, and by his direction, with the intention of revoking the same." A Will is not revoked by any presumption of an intention, on the ground of an alteration in circumstances. But if a Will or Codicil, or any part of a Will or Codicil, shall have been revoked, it cannot be revived unless it be executed over again as a fresh Will or Codicil is required to be or by the addition of a Codicil so executed, and showing an intention to revive that which had been previously revoked. If a Testator desire to make an alteration in his Will, rather than to make a new one, or to obliterate some portion, or to add something by intcrlincation or otherwise, he may do so, provided his signature and the signatures of two witnesses be made in the margin, or on some other part of the Will opposite or near to the alteration, or at the foot or end of, or opposite to, a memorandum referring to such alteration, and written at the end or some other part of the Will. Every Will is revoked by the subsequent marriage of the Testator or Testatrix, except a Will made in the exercise of a power of appointment when the property appointed thereby would Pot, in default of appoint ment, pass to the heir, executor, or administrator, or next of kin of the Testator or Testatrix. 3. Of the different descriptions of property, and how they may be disposed of by will. The details under this head are long, and extend to real estate, of the nature of customary freehold, or tenant light, or customary, or copyhold, besides personal estate. They are rather complicated, and the more safe way, therefore, would be to employ a professional person in devising pro perty of the first class. The following extracts may, how ever, be useful : A Will made and executed as before directed may dispose of every description of real and personal estate which the Testator possessed, or was entitled to either at law or in equity, and which if not disposed of would descend, according to its nature, to his heir, or to his executor or administrator. The Statute of 9 Geo. 2, c. 36, called the Mortmai❑ Act, is not repealed or altered by the 1 Victoria, c. 26; and therefore legacies to charities out of real estate will still be void. If a Testator desire to leave legacies to charities, he must take care to make them pay. able, either ex;•ressly, or by ordinary course of law, out of such personal estate as may be applied for that purpose. A bequest to a charity, of a term for years, or leasehold property ; or of money, to arise from, or be produced by, the sale of land; or by the rents, profits, or other interest arising from land ; or a bequest of money, to be laid cut in land; or a bequest of money secured by mortgage; or a bequest of annuities charged on land, or rather rent charges; or a bequest of money, with a direction to apply it in paying off mortgages on schools or chapels ; or a bequest of money secured on parochial rates, or county rates, or turnpike tolls—is, in each else, void : and even where no particular fund is pointed out in the Will, for the payment of charitable legacies, and they are consequently a charge on the residue, and the residue consists, in part, of property of all or either of the kinds above specified, so much of the legacies will become void as shall bear the same proportion to the entire legacies as the exempted property bears to the entire residue. The Act to restrain accumulations (39 and 40 Geo. 3, c. 98) remains also in full force. No person, therefore. can now, any more than be. fore the passing of the 1 Victoria, c. 26, dispose by Will, of any real or personal estate, in such manner as that the rents or produce thereof shall be accumulated for any longer term than a life or lives in being at the death of the Testator, and twenty-one years afterwards; nor can the Will of any Testator, by whatever ingenuity he may endeavour to effect such a purpose, have any operation upon his property, or any part thereof, beyond that period. 4. Of the forms of Wills generally, and of such bequests as require to be expressed with peculiar care : There being no stamp duty, or tax of any kind, oa a Will itself, it should be written on plain paper or parchment. Nor is it against the law for any person, not of the legal profession, to make Willa for such as choose to employ him ; and the fact is, that in many places the parish clerk or schoolmaster of the neighbourhood makes more Wills than ths. attorney. These persons have generally an old-fashioned form of intro duction, which, except that it gives an appearance of greater extent to their work than it would otherwise possess, is of no use whatever. In a work on Wills, the following is one of the forms of introduction of fered to the choice of the reader : "In the name of God, Amen I I, J. W.—, of Gloucester-place, in the parish of Saint Marylebone, In the county of Middlesex, Esquire, being in a weak state of health, but of sound and disposing mind, me. mory, and understanding, blessed be God for the same, do this first day of January, in the year of our Lord one thousand eight hundred and twenty-six, make, publish, and declare, this my last Will and Testament, in manner and form following; that is to say, first and principally, I commend my soul into the hands of Almighty God, my Creator, hoping for a glorious resurrection, and a remission of all my sins, through the merits and mediation of my blessed Lord and Saviour Jesus Christ; and my body I commit to the earth, to be decently interred at the dis cretion of my executors hereinafter named. " And as to such worldly estate of which I may die possessed, I give and bequeath the same as follows, viz." NOW, except the Testator's mina* and description, the date and the declaration that it is his last Will and Testament, there is not one word in this preamble that is at all relevant to the matter of the Will, or of the smallest use ; neither is it at all necessary for the Testator to direct that hls just debts be paid, for the law will oblige the executor to pay them, whether the Testator direct him to do so or not. Whatever tends to shorten and simplify the making of the Will is desirable ; and therefore it is best to set out at once in the following manner, which, let it be observed, is an example taken from the Will of one of the most eminent conveyancers of Lincoln's Inn, written by him self : " This is the last Will and Testament of A. 8., Lincoln's Inn, in the county of Middlesex. I give and bequeath to C. D. the sum of I've hundred pounds," and so on. The attempt to give forms of 'Wills to suit all cases, so numerous are the modes in which property of different descriptions may be given by Will, is one that must be imperfect, even though the work in which it is made should be extended to many volumes; and no person of common prudence, having great wealth to di►pose of, and especially if it consist of real estate, coscerning which the law of England is a peculiarly difficult study, would be satisfied to leave the fultihnent of his intentions as to his property after death to the chance of his own competency to make an intelligible and effectual 'Will, or in other words, to do the work of a lawyer, without having had the education of one. With respect to personal estate, very few directions, with regard to forms of words only, seem to be necessary. Nothing is more simple, than to express au intention of giving a certain sum of money, or a horse, or a piece of plate, to John Smith or Thomas Brown ; and to give forms of words for such purposes, appears like "burning daylight." The points on which some observations may be useful are the follow. ing 1. The distinction between general and specific legacies should be well understood. If a Testator intend to give a legacy of any particular thing in his possession, he should take care to give a plain description of the identical thing to be given ; as, " my black horse," " my leasehold house at such or such a place," or " the 1,0001. Three per Cent. Stock, standing in my name," &c. _ _ 2. Bpeeitic legacies are paid and satisfied in full by the delivery or transfer of the property given, while the general legacies must abate, if there be not property enough, exclusive cf the specific legacies, to pay twenty shillings in the pound. If a Testator give a legacy to each of his executors, or trustees, having appointed more than one, but do not intend such legacies to he paid to those who decline to act, lie should expressly state the legacies to be given to them " for and on account of the trouble they may have in the performance of the trusts of the Will," otherwise those who de. dine the office may nevertheless be entitled to the legacies. It is necessary to advert to the subject of legacies to illegitimate children. If it be intended to give a legacy to an illegitimate child, unborn st the time of making the Will, such child must not be described by any referent* to its father, but as the child with which the mother, to be named and described, is pregnant. If this direction be not attended to the legacy will be void. If the illegitimate legatee be living at the (late of the Will, still the Testator must not dais him with lawful children, or designate him simply as the child of his reputed parent, whether father or mother; for the law understands by the word child a person bor❑ in wedlock. If children, though illegitimate, have been so brought up, as that the circumstances of their birth are not generally known, and they have enjoyed the reputation of legitimacy, they may take legacies under the description of " children ;" but then it is necessary, hi case of cpposition, to establish the fact of the reputation by means of evidence, the result of which will be doubtful, It Is, therefore, the safest course for the Testator to describe illegitimate children by name, or as the "reputed child" of A. or 8., or otherwise, so as to leave no doubt of their identity. 5. Law relating to the division of the personal estate of persons who die intestate. If a person w Lo is not a freeman of the City of London, die in a pro_ wince of the Archlishop of Canterbury, without leaving a Will, his . property will be divided among his wife, if he leave one, ead his neartnt relations, who will be as follows : First—His children, grandchildren, great grandchildren, &c., in the straight line of descent. If he leave none of these, Secondly—His father. If none, Thirdly—His mother, and brothers, and sisters, and their children,. but not their grandchildren or great grandchildren. If none, Fourthly,—His grandfather and grandmother. If none, Fifthly—His uncle and aunts If none, Sixthly—His cousins, and great nephews and neices, 1. Taking the rights of each set of successors to personal estate upon intestacy in the above order, if a person die without a Will, leaving a wife and children or but one child (for if makes no difference whether there be one child or several children), the wife takes one third of the personal estate, and the other two. thirds belong to the child or children. If the deceased leave a wife, but no child or children, one half of his personal estate will descend to his wife, and the other half will be divisi ble among his nearest of kindred, in the sauce manner as the whole would be divisible if he had left no wife; for which see as fol. lows :—(No. 11., &c.) It should first, however, be expressly stated, that under no circumetances is the wife entitled to more than half of her husband's estate if he die intestate. The father of an Intestate without issue is entitled to one half of his estate if he leave a widow, and to the whole if he leave none. 3. When the nearest of kindred are the mother and the brothers and sisters, the personal estate is divisible into equal portions, one of which will belong to the mother, and one each to the brothqrs and sisters ; and if there be children of a deceased brother or sister, they melt be in cluded in the division, and an equal portion will be divided among eacdt, family of children. The grandfather of a brother or sister are not en titled to share, in case the Intestate leave a mother, or a brother or sic. ter, or nephew or niece. The property of a person of illegitimate birth will descend to his wife and children, in the same manner as the property of auy other person but, as he is regarded by the law as nullius filius, or the child of no body, he can have no parents, or collateral relations, and, consequently, if he have no wife or children, his personal estate belongs to the Crown. It is usual, however, for the Crown, upon being applied to-by petition for that purpose, to surrender the property to the person who is the nearest natural connection of the deceased. The customs peculiar to the personal estate of freemen of the city of London, and persons dying within the province of the Archbishop of York, relate only to the division of their estates among the wife and children. The personal estate of a freeman of London, or of a person dying within the province of York intestate, and leaving a wife and child, or children, is divisible at follows : namely, one third to the widow ; one third to the child or children equally, and one third between the wife and child or children, in the same proportions as the whole would have been divided into, had not the deceased been a freeman of London, or a resident within the province of York ; that is to say, one third to the widow, and two thirds to the child or children equally. The customs of London and York do not regard grandchildren; and, consequently, where the Intestate leaves a widow, and no child or children, but grandchildren, : the widow takes two thirds, and the grandchildren one third among them. If the deceased leave a widow and no child, the division Is thus : The widow one half, and ono half of the remaining half, being equal to three fourths of the whole. It is a saving to the estate generally to give the legacies (tee of legacy duty, because by the Legacy Duty Acts money left in addition to a legacy for the purpose of paying duty thereon is not itself liable to duty. 'Thus, if 2001. are given to A., a stranger in blood, he pays 201. out of the 2001. for legacy duty ; but if the legacy be left to him free of duty, the executor applies 201. out of the residue in the payment of the duty, and the revenue obtains but 201. out of 220/.,, instead of 20/. out of 2001. The author concludes with the following judicious ob servations : In addition to what has been stated of the direct advantages at tending the making of a Will in due time, and in a proper manner, and the observing of the directions herein given, with reference to the subject, a remark may be permitted, in closing this little work, on the benefits which may accidentally happen from the same causes, The making of a Will, and the revising it occasionally, as changes take place in the family and circumstances of the Testator, and the' completing of the schedule of the property, which is very strongly recommended to be placed along with the Will, are calculated to en gender in the mind of every man a regard for the interests of his family ; a pride and satisfaction at having something to leave them a desire to possess more, or, at least, to preserve that which exsits ; either of which demand habits of prudence, sobriety, and frugality. Few minds are so dull as to be utterly insensible of the pleasure af forded by the prospect of posthumous regard ; and to be accounted hereafter as an affectionate husband and father, a considerate relation, and a sincere friend, is within the power of every mall, by making a proper disposal of his estate and effects in his last Will and Testa ment THE SCENIC ANNUAL. Virtue, London, 1838. The editor of this elegant Annual is Thomas Campbell, whose name alone is a sufficient guarantee that it will be worthily conducted. The present volume is the first which he has taken under his superintendence, and contains many delightful poems from his pen, as also some remarks oil Burns, which arc replete with good sense. " Shall I offend my ancient mother, Caledonia,' asks Er. Campbell, " if I venture to say that Burns, the truest of Scottish poets, had not the predominent peculiarities of a Scotch. man in his character ? He was, dear glorious man, neither prudent nor patient, nor had he, with all his gifted intellect, a certain quality which few Scotchmen are without--a quality which I shall call worldly wisdom, if the Scottish reader will promise to take the expression in a fairly favou rable sense. They accuse us Scotchmen of being generally obsequious to those who are vulgarly called the great. 1 do not admit the' charge to be more applicable to us thars to any other people, for in all countries the mass of men aree poor, and consequently dependent on those who have wealth, and power. But the Scotch are shrewd and circumspect e and I have always observed, that even their men of genies generally lean to the side of circumspection in the mainto nance of their independence. When I speak of this wavi ness being generally among my countrymen, I do not nseaa that it is not often a respectable and useful characteristic- In meaner natures, no doubt, it may degenerate into cun ning, and become dry and disgusting ; but in individuals. of worth and wit, it takes the shape of dignified reserve and of delicate tact—it refines observation of character and leads to deliberate choice in stanch friendships. With out offence to my countryman, let tae say, however, that L like Burns the better for being without this national trait.. The poetic genius of Burns nourished on scanty learning; and inspired by Nature herEelf, will furnish a text for the philosopher, who speculates on the influence of book-ae acquired learning on gifted minds of the first order. Mil ton, on the one hand, stands an example of the poetic benefits. of much learning ; whilst Shakspeare and Burns confront. and refute the assertion, that a little learning is a dangerous. thing.' That much learning, is covetable by a poet, has. long ceased to be my opinion. In the bare toil of acquiring: it his mind exudes much of its natural strength andi sensibility. Burns, apparently still less learned than Shak speare, nerer looked back to ancestral inspiration, but was himself an ancestor in poetry. I cannot give up my classi cal partialities, but I confess the truth of Burns' words , when he derides those who think to climb Parnassus' hilL by dint of Greek ; and his strokes of nature bring down, my conception of the quantum of learning that is needfd for a genuine poet, to the lowest point. When Naturo takes Genius by the hand she always conducts her pupil to the tender and beautiful, and by a shorter road than the learned languages. If I had found Burns at a Greek. Grammar, I should have pulled him away from it. The best of Burns's poems, in my opinion, is his • Tam o'Shan ter.' It was said of the most perfect Greek sculptures, that: they seemed to be rather melted, than chisselled marble. la like manner, this poem always appears to mem if the poet had. not written, but improvised it—as if he had never blottmd a. line, or clipt off a fragment of its language, but had cast it oft' unpremeditated from the glowing mould of his imaginatiote: . This is justly and tersely said ; but indeed the whole essay —or rather fragment of an essay—is admirable, both ti point of matter and manner. Mr. Campbell's Addreis to " Ben: Lomond" has all the grace and melody of versification for which this eminent poet is remarkable. His contributions * whether in prose or verse, are, as might be expected, flys best in the volume. The embellishments, which aro riot. less than thirty-six in number, are chiefly sketches of the most picturesque landscapes in Scotland, Italy, and Swis serlaud ; some, of course, are better than others, but none of them fall below mediocrity. The Annual is splendidly bound, and is singularly reasonable in price. MEMOIRS OF AN ARISTOCRAT. Whittaker, London, 1838. Tlie. most interesting portion of this volume, is its au thor's account of his stay in the man-of-war, the Bellerophoin, which, it may be remembered, was the vessel appointed to. carry Napoleon to England, alter the " crowning carnae;e' of Waterloo. The young " Aristocrat," is he styles Moat self, was then an officer on board the Bellerophon, and. gives es many curious anecdotes illustrative of the habit% and peculiarities of the illustrious captive, whom he 4des-. cribes as being one of the handsomest and best manly nal little men he ever met with. The Emperor, indeed. , ,vas in general favour with the ship's crew, who sympat' aizcsl with his fallen fortunes, and paid him every befitting mark: of respect. All this portion of the volume before us will be read with interest, for it is penned in a spirited, of f-hatui manner, though it is rather too eulogistic of the, ._Frenels Emperor, whose character, according to the aut' acoV's view, would apj:ear to have been all but perfect.